Cyber Harassment Statutes
Cyber harassment is an offense detailed under the umbrella of Domestic Violence and carries penalties of up to five years in prison and a $15,000 fine - with the threat of Federal felony stalking charges always hovering.
Whether an adult or a minor, cyber stalking carries possible life-long consequences. If you or a loved one has been accused of cyber harassment, Monmouth County cyber harassment lawyer Tara Breslow-Testa is the person you should call first.
For a free consultation call Tara Breslow-Testa at 732 784-2880.1. Definitions and Elements of the Crime
In New Jersey, the crime of cyber harassment is detailed under New Jersey statutes NJ Rev Stat 2C:33-4.1 (2014)
The penalties for these crimes range from third to fourth degree - months to years in prison with penalties up to $15,000.
New Jersey Statutes 2C:33-4.1 are all under the broad banner of Domestic Violence. And the crimes include:
2C:33-4.1 Crime of cyber-harassment
1. a. If communicating using an electronic device or a social networking site with the intent to harass another, it is cyber-harassment when the communicator:
(1)threatens to injure or harm physically a person or the property of that person;
(2)willfully proposes, suggests, requests, comments, posts or sends obscene, lewd or indecent material to or about a person intending to cause emotional and/or physical harm to a reasonable person or place that reasonable person in fear of emotional and/or physical harm to that person's person; or
(3)threatens committing any crime against the person and/or the property of that person.
b.It is a fourth-degree crime for a cyber-harasser unless that cyber-harasser is 21 or older but passes themselves off as a minor to cyber-harass another minor - at that point cyber-harassment moves up to a third degree crime;
c.A minor under the age of 16 can be "adjudicated delinquent" for cyber-harassment, and the court has the option to order the minor - with a parent or guardian - To complete one or both of:
(1)a training program or class designed to reduce the motivation or act of cyber-harassment; or
(2)a training program or class which intends to make the minor aware of the dangers of cyber-harassment.
d.A parent or guardian who disregards the order imposed by the court under subsection c. of this section is guilty of a disorderly persons offense and will be fined no more than $25 for the first offense and no more than $100 for each following offense.2. Punishments and Penalties for Cyber Harassment
Cyber harassment is a fourth degree crime in New Jersey with a maximum prison sentence of up to 18 months and a maximum fine of $10,000.
When cyber harassment is elevated to a third-degree crime - when a person 21+ and pretends to be a minor to bully another minor - the punishment carries a maximum of three to five years in prison and a maximum fine of $15,000.
If cyber harassment becomes a Federal case, that can bring on other charges including Stalking which is a felony under Federal cyberstalking laws: U.S.C. 2261A
Since 2016, cyber harassment has been classified under statutes for Domestic Violence, which allow a victim to obtain a restraining order against a harasser.BETTER CALL TARA
Tara Breslow-Testa is the experienced Monmouth County cyber harassment lawyer you want by your side when faced with charges of cyber stalking or harassment.
For more information about statutes, defenses, penalties and repercussions regarding cyber harassment, contact Tara Breslow-Testa at 732 784-2880.